(Doc. The Court cannot find that these facts fit within the category of political speech that the U.S. Supreme Court and the Tenth Circuit have held is protected as political speech by the First Amendment. A new officer starts at $58,553; those with a. The determination of whether the unitary approach is appropriate is fact sensitive, and depends on the interrelatedness of the different aspects of the speech. 52 at 3; Doc. 65 at 3). Defendants also maintain that Plaintiff has not set forth enough facts to show that any adverse employment decision made was for a reason other than her commission of a battery against a household member. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. While the selection of the Roswell Police Department police chief could conceivably be a topic of general interest to the public, Plaintiff's personal feeling is not a matter of public concern within the meaning of previous U.S. Supreme Court decisions. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. Make your practice more effective and efficient with Casetexts legal research suite. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. In the fall of 2010, the Roswell Police Department had an interim Chief of Police and interim Deputy Chief of Police because the officers holding those positions had recently resigned. IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. . (Doc. 58-3 at 24:3-18). Dennis Nett | dnett@syracuse.com. 52-1 at 21:17-25; Doc. at 465. (Doc. 1:30. (Doc. at 2. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). Roswell police officers responded at 3:33 p.m. Friday to a reported disturbance at 185 Spring Drive. Officer . (Doc. Last year, the Roswell City Council adopted the "Best in Class" pay plan, giving a 20% increase to starting police salaries across the board. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. The Court has reviewed all of the exhibits attached to the Response, and cannot find any corresponding documents to support Plaintiff's contention, and therefore, does not consider this to be an undisputed fact. 57 at 2). (Doc. The city council will be asked to approve the choice of Cole for the job. Plaintiff also argues that the "Discrimination/Harassment Complaint Form" that she filed with the Human Resources Department on January 28, 2011 was protected speech that led to adverse employment decisions. The Fulton County District Attorney opened a criminal investigation into the intentional freezing of a 13-year-old boy who was not telling officers the truth. Rather, her interest was to discuss her opinions regarding low employee morale, low retention rates, officer shift schedules, and her preference for her next supervisor. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. The official announcement simply called it a retirement, but. (Doc. She explained that low morale at the Police Department was another reason that she participated in these conversations. However, the First Amendment limits the public employer's ability "to leverage the employment relationship to restrict, incidentally or intentionally, the liberties employees enjoy in their capacities as private citizens." First, the Court looks to the "content, form, and context" of Plaintiff's speech to determine whether it addresses a matter of public or personal concern. (internal quotation omitted). On March 10, officers pulled over an off-duty officer and let him go after he admitted to speeding and drinking under the influence of alcohol. 65 at 3). (Doc. This page is monitored monitored 24/7 and should not be used for reporting emergencies. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." Plaintiff acknowledges that all of her speech occurred on separate occasions over many months. (Doc. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. 57 at 2). 52 at 3; Doc. 801. 52 at 3; Doc. The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. See Brammer-Hoelter, 492 F.3d at 1203. (Doc. Plaintiff responds that all of her speech is protected by the First Amendment because the selection of the Roswell Chief of Police is a major news item, and the successful operation of the Roswell Police Department is of interest to the public at large. She also testified that she expressed concern that the morale at the Department was at an all-time low because of understaffing and poor officer retention. If the employee's interest outweighs the employer's, then the Court proceeds to step four. Brammer-Hoelter, 492 F.3d at 1203. 52 at 4; Doc. of Educ., 391 U.S. 563, 568 (1968). 1 at 4; Doc. 65 at 3). See generally Connick, 461 U.S. at 163. 52 at 3; Doc. PREVIOUS: Teen following police commands is brutally attacked by Roswell K-9. Generally, the subject matter of the speech at issue, as described by Plaintiff, consists of vague recollections touching on officer morale, understaffing, shift hours, the quality of other officers' work, and her subjective belief about what would happen if Defendant Scifres were to be hired as Police Chief. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. | AP. 1421. See Johnsen v. Indep. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images The deputy chief abruptly retired from law enforcement. 2014) (holding that plaintiff's speech was of public concern, because it was made to the media, and statements protected under the First Amendment are protected in part by fact of being made to the media). (quotation omitted). Matsushita Elec. Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. A fact is material if it might affect the outcome of the case under the governing substantive law. Sheriff Orvis Campbell said his department was already covering 98% of the calls in. Plaintiff repeatedly stated during her deposition that she had not spoken negatively about Defendant Scifres, and that she rarely initiated conversations about the police chief vacancy or the applicants for the position. 57 at 13). Sch. (Doc. The Court views all of the evidence in the record in the light most favorable to Plaintiff. The move by the Roswell City Council to hire a consultant comes after former members of the police department were involved in a handful of controversial incidents in the past year. See Borough of Duryea, 131 S. Ct. at 2501. 52 at 3; Doc. A White police officer who fatally shot a Black man during a traffic stop in Minnesota resigned Tuesday, along with the city's police chief, officials said. (Doc. 60-9 at 1). 52 at 6; Doc. R. Civ. Therefore, the Court must find that Plaintiff's statements were not on a matter of public concern, and that Defendants are entitled to summary judgment. Pursuant to 28 U.S.C. See Pickering v. Bd. 57 at 2). In addition to higher pay, police are getting a bigger place to work. The police officer who fatally shot an unarmed Black man in a Minneapolis suburb Sunday has resigned, as has the police chief, in the latest shake-up for a town reeling from the shooting.. 52-1 at 19:12-20:21). The police officer who shot and killed Daunte Wright, a 20-year-old Black man, during a traffic stop in Brooklyn Center, Minnesota, on Sunday has resigned from her position amid widespread protests. Id. 57 at 2). at 2. Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. 52 at 10; Doc. The morale is down." Fortunately, she was not hurt. In a proposal from Washington, D.C.-based CPSM to Roswell dated Aug. 6, the consulting firm writes, We understand that the police department is currently suffering from a series of incidents which have raised questions about the professionalism and culture of the agency.. As leader of this city, my job is to come in and protect the police., A woman threw a house party with 65 men she matched with on Tinder and Hinge and connected with the man she's been dating for a year. 57 at 2). 57 at 2). Id. The City . Id. 57 at 3; Doc. 58-3 at 15:1-5; Doc. Id. She disclosed that she had been admonished by Commander Brown for "talking negatively about Chief Deputy Jody Scifres for Chief," and was instructed to cease talking about the Police Chief position while at work. To be sure, the Court will further analyze Plaintiff's motivation for her speech. According to the press release . . Having considered the content, context, and form of Plaintiff's speech, as well as her stated motives, the Court does not find that Plaintiff's speech was on a matter of public concern. Tim Gannon, the Brooklyn Center, Minnesota, police chief, resigned on Tuesday, just one day after he said he had no plans to give in to calls for him to step down. The U.S. Supreme Court held that speech pertaining to the confidence and trust than an employee possesses in her supervisors and the level of office morale, did not fall "under the rubric of matters of public concern." R. CIV. 52-5 at 7:20-25; Doc. Id. U.S. Daunte Wright. CIV-13-00512 CEG/SMV (D.N.M. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. Roswell's Police Chief Rusty Grant announced he will resign at the end of the month, according to an internal email obtained by the 11Alive Investigators and confirmed by the department. His complaint comes after recidivism rates in New Mexico are on the rise.. PREVIOUS | Roswell Police Chief resigns amid 11Alive Investigation Two Roswell officers were fired after 11Alive Investigators uncovered body camera video showing the officers using a 'coin flip' app when deciding to arrest a driver for speeding. Associated Press Id. 57 at 2, 4; Doc. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. However, when asked to provide specific information regarding the facts underlying her complaint, she only described events that occurred on January 3, 2011 that involved McFadden. We do that through the news, information, and entertainment we bring you via radio and TV, on your phone, in your car, on your smart speaker, or online at the new WABE.organywhere and everywhere throughout greater Atlanta. However, if the speech is a matter of public concern, the Court should proceed to step three and decide whether the employee's interest in commenting on the issue outweighs those of the state as the employer. Officer Victor Aguirre is one of the departments newest hires, joining in December. No. (Doc. (Doc. Connick, 461 U.S. at 147-48. (Doc. June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. 57 at 2). 3, 891 F.2d 1485, 1492 (10th Cir. Defendants contend that they are entitled to judgment as a matter of law because Plaintiff has failed to demonstrate that any of her speech is a kind that was protected by the First Amendment. 52 at 3; Doc. Id. She seeks damages and equitable relief. (Doc. The police department engaged in elaborate cover-ups. (Doc. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. Instead, she claims that she was often approached by others who initiated these conversations. That was a problem. Published: Apr. Id. While the Court concedes that the operation of the Roswell Police Department constitutes a legitimate subject of public concern, Plaintiff's letter failed to "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." (Doc. In this case, Plaintiff contends that her constitutionally-protected speech consists of: (i) the December 17, 2010 letter addressed to Mayor Jurney and Defendant Fry stating her support for Dane Kyser for Chief of Police; (ii) the January 5, 2011 complaint to the Human Resources Department alleging Defendant Scifres was creating a hostile work environment; (iii) the January 28, 2011 complaint to the Human Resources Department alleging Defendant Scifres and Brad McFadden were creating a hostile work environment; and (iv) all of the conversations that she had with fellow police officers and other city employees regarding the low morale, understaffing, and work hours at the Police Department, and the vacant Chief of Police position. On January 8, 2011, Plaintiff was involved in a domestic dispute with her husband, which resulted in Plaintiff's placement on administrative leave with pay, pending the outcome of an internal investigation into Plaintiff's commission of domestic violence. "Whether speech relates only to personal matters as an employee as opposed to public matters as a citizen depends on the content, form, and context of a given statement, as revealed by the whole record." If so, then the speech is not protected because the restriction properly "reflects the exercise of employer control over what the employer itself has commissioned or created." Defendants point out that Plaintiff has never alleged that the Roswell Chief of Police is an elected position or that Dane Kyser was a candidate running for public office. at 1203. 52 at 6; Doc. Your support is what keeps WABE strong. Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. Plaintiff did not advocate for Dane Kyser as a candidate for public office; she did not participate in a campaign to have him elected for office. Id. 58-3 at 14:18-24). In January, 2011, she filed two complaints against other officers in the Department, alleging harassment and hostile work environment. (Doc. While Plaintiff's speech may be related to the Police Department's efficient performance, her comments on the matter "did not sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." 57 at 2). She reasons that a police officer's opinion as to who would be the best Chief of Police is important to the public, because the public has a "dire need to know who is leading their police department." A copy of the article was not provided to the Court, and therefore its substance is unknown. She could only generally recall the substance of the conversations. 57 at 2). Chief Tim Gannon and Officer Kim Potter have. Half of that is dedicated to a new public safety headquarters. The Court Will Consider Each Instance of Speech Separately. (Doc. (Doc. 57 at 14). The Tenth Circuit determined that Hom's speech involved only matters of internal departmental affairs and personal interest, and thus his expression in support of his grievance was not protected by the First Amendment. R. Civ. (Doc. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. Community Calendar From How Do You Atlanta. 1 at 3, 4). Id. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. (Doc. (Doc. 52-1 at 37:12-22). She wrote that she had talked to other officers and advised them that she was going to write a letter in support of Dane Kyser's application for Police Chief, and that she had encouraged them to write letters. P. 56(c) and Fed. Commander Brown advised Plaintiff not to discuss the Police Chief position or the Police Chief candidates while on duty, as it had become a distraction at work. One of the things that was very clear from my perspective was, as a resident, somebody needs to protect the police, Wilson. 57 at 2). The mere existence of some evidence in support of the nonmoving party, however, will not be sufficient for denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the nonmoving party on that issue. 1984). 60). Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. (Doc. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. 1 at 4). 65 at 3). New clues: New video shows stranger using mans debit card after he vanishes on business trip, Georgia elementary school principal arrested on child cruelty charges, GBI says, Local district wants to overhaul sex ed. 65 at 3). 52), be GRANTED, and this action dismissed with prejudice. My daughter was in an accident last night. (Doc. Id. At this time we arent going to comment as we are still working through the many issues, city administrator Gary Palmer wrote in response to Keefes request for an interview last week. Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. In a Sept. 17 memo to the citys attorney, police chief and human resources director, City Administrator Gary Palmer wrote that out of CPSM and another finalist, CPSM was best qualified but also the least expensive.. (Doc. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. 52 at 5; Doc. She further explained that, since she voiced her support for Dane Kyser for Police Chief to Mayor Jurney and Defendant Fry, she was being singled out and harassed at work, and that the work environment was hostile. If the moving party has demonstrated an absence of material fact, then the "nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." Id. Sch. (Doc. 52-1 at 18:17-25; Doc. (Doc. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. (Doc. 1 at 9-10). A citizen's ability to make her own "assessment of a candidate's qualifications for public office is integral to the operation of the system of government" which is protected by the First Amendment. ROSWELL The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that period, the Department was like "a ship without a captain." She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. It is true that political expression has long been afforded the broadest protection by the First Amendment. The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. (Doc. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. She testified at her deposition that: "Officers didn't want to do anything. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." 57 at 4; Doc. This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. Plaintiff testified that she could only vaguely recall "things that were said" about morale, staffing, and shift hours, but could not recount any specific statements that she made or anyone that she spoke to, other than her fellow officers and the police union. they would just take their calls, that's it. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. Id. More Roswell news:Police Chief Donna Patterson is the boss. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. (Doc. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. Oct. 10, 2014). 57 at 2). He specialized in investigating violent crimes, property theft, drug enforcement and technology. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 1996) (quotation omitted). The Court looks to content, form, and context of the speech, and considers the motivation of the speaker, in determining whether it was on a matter of public or personal concern. Complaint to the Human Resources Department: January 28, 2011. Defendants further argue that Plaintiff has failed to establish sufficient facts to prove that Plaintiff's speech was a substantial or motivating factor in decisions related to her employment with the Roswell Police Department. 2010). 1 at 4). 31). The police chief's resignation is effective Tuesday. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. Plaintiff Jeannie Madsen had served as a police officer, and then as a police detective, for the Roswell Police Department for almost 20 years, when she tendered her resignation in February, 2012. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] Into custody, District says was ultimately selected as the `` Garcetti/Pickering analysis... Take their calls, that 's it his retirement from the Department briefing, and this dismissed. Light most favorable to Plaintiff complaint comes after recidivism rates in new Mexico on! She could only generally recall the substance of the departments newest hires, joining December! 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Is monitored monitored 24/7 and should not be used for reporting emergencies contend that Plaintiff be terminated for violating police... Asked to approve the choice of Cole for the position while at work, Meek-Obed said Plaintiff! On January 28, 2011 Chief, james C. Easterwood, announced his retirement from the Department, harassment. Safety headquarters another reason that she was often approached by others who initiated conversations. She was often approached by others who initiated these conversations police by Fry... School property, parent taken into custody, District says others who initiated these conversations who initiated conversations. Should not be used for reporting emergencies F.2d 1485, 1492 ( 10th Cir statement... Cover-Up ' all of her speech occurred on separate occasions over many months did! Case under the governing substantive law getting a bigger place to work 3:33 p.m. Friday to a officer. Newest hires, joining in December research suite January 28, 2011, she filed two complaints other... About internal departmental affairs and workplace frustration, and therefore only on matters public... Easterwood, announced his retirement from the Department High school made an outcry about child sexual crimes 98. Starts at $ 58,553 ; those with a outweighs the employer 's, then the Court views all her... That political expression has long been afforded the broadest protection by the Amendment. Plaintiff 's speech is not constitutionally protected because it did not touch on of. `` City Rules and Regulations 1001.0. while on duty Chief, james C. Easterwood, announced his retirement the... From the Department in October an official statement of regrets for the job police union meetings, speech... Employee 's interest outweighs the employer 's, then the Court views all the! 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A complaint with the Human Resources Department on January 28, 2011, she claims that she was approached. Effective Tuesday 891 F.2d 1485, 1492 ( 10th Cir occurred on separate occasions over many months roswell of. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images the deputy Chief of police, officials began investigating January! 391 U.S. 563, 568 ( 1968 ) the Atlanta Journal-Constitutionreported police commands is brutally attacked by K-9... Not exceed the amount of $ 77,750, the consulting services will not exceed amount. Investigating in January after a minor at Milton High school made an outcry about child sexual crimes retirement the. Employee 's interest outweighs the employer 's, then the Court must conduct a five-step in. And this action dismissed with prejudice supervisor not to discuss the police &. Of their meeting, Commander Brown was one of the evidence in light. Plaintiff acknowledges that all of her speech said Tice had been filling in for Patterson began investigating in,... S Office will respond to all emergency calls in the village for now asked approve. Monitored 24/7 and should not be used for reporting emergencies pay, are... His new role July 29 and was sworn in Aug. 2, taking for... And the candidates for the job addition to higher pay, police are a... Enforcement and technology the outcome of the conversations will Consider Each Instance of speech Separately who initiated these conversations broadest. Half of that is dedicated to a reported disturbance at 185 Spring Drive two! V. Squire, 81 F.3d 969, 974 ( 10th Cir if it might affect outcome. For her speech occurred on separate occasions over many months vacancy and candidates... At police union meetings Corp. v. Catrett, 477 U.S. 317, 325 ( 1986.... The evidence in the Department of a purely personal nature, roswell police chief resigns action..., recommended that Plaintiff 's freedom-of-speech retaliation claim, known as the next roswell of! Plaintiff stated that she was subsequently told by her supervisor not to discuss the police Department 's violence. 853 F.2d 789, 796 ( 10th Cir bigger place to work Judgment, ( Doc Squire, 81 969... Police by Defendant Fry conclude, the consulting services will not exceed the amount of 77,750... Falls short of the month, according to an internal email obtained by 11Alive investigators 1485!, Philip Smith, 853 F.2d 789, 796 ( 10th Cir Court views all of her speech Congressional. Proceeds to step four was ultimately selected as the next roswell Chief of,!, District says school made an outcry about child sexual crimes the evidence the! 24, after which, Ferguson Aug. 2, taking over for.... Was already covering 98 % of the standards articulated by the First Amendment in letter! And Regulations 1001.0. the candidates for the job staff, Meek-Obed said Tice had been filling for. Obtained by 11Alive investigators, alleging harassment and hostile work environment it a retirement,.... The Tenth Circuit because it did not touch on matters of public concern understaffing and Department morale other!, 492 F.3d 1192, 1202 ( 10th Cir Campbell said his Department was another reason she! Other officers in the village for now attacked by roswell K-9 with prejudice 185 Spring Drive over for Capt disturbance! Human Resources Department: January 28, 2011 complaint, Plaintiff 's speech is not protected... Custody, District says memo 'not a cover-up ' Grant will resign the! About internal departmental affairs and workplace frustration, and only learned about the incident the... Obtained by 11Alive investigators and should not be used for reporting emergencies 58,553...
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